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Meghan Markle's battle to quash her half-sister's libel lawsuit isn't over yet, as Samantha Markle stares down the prospect of substantial costs if she loses.
Samantha sued Meghan for defamation over comments made to Oprah Winfrey in March 2021 and extracts from the book Finding Freedom, written by Omid Scobie and Carolyn Durand.
Judge Charlene Edwards Honeywell dismissed the claim in a ruling on March 31 in what appeared to be another court victory for the royal.
However, Honeywell left the door open for Samantha to amend part of her complaint and refile it, which Newsweek has been told she intends to do.
Jamie A. Sasson, the attorney for Samantha, said in a statement to Newsweek: "It is unfortunate to see that the press has chosen to wrongly report on the Judge's ruling as a total win by Meghan.
"Upon reviewing the order, it is made very clear that the entire case was not tossed out, but in fact, the Judge is allowing Samantha the ability to amend her complaint within a 14-day period.
"This upcoming amendment will address certain legal issues that are related to our claims for defamation as it specifically relates to the Oprah interview on CBS.
"We vehemently oppose the narrative that the press has decided to spin in Meghan's favor and look forward to presenting an even stronger argument for the defamation and losses that our Client has had to endure."
The decision carries risks as there is the prospect Samantha will have to pay substantial costs if she loses, since Meghan's team is arguing that Samantha's case is "meritless" and "was brought because [Meghan] exercised her right to free speech in connection with a public issue."
The judge said it was too early to rule on costs given that Samantha could still prove successful with an amended complaint.
Aspects of the case relating to the book Finding Freedom, however, were definitively dismissed, which may come as a relief to Meghan as they were connected to sweeping requests for information.
For example, one court filing asked for all of the written communications between Meghan and the palace communications team about Samantha, including with former Kensington Palace communications secretary Jason Knauf.
Knauf at one stage met with the book's authors armed with briefing notes about Samantha given to him by Meghan.
Elsewhere, Samantha asked for: "Any documents which relate in any way to bullying allegations and/or reports made against you," something which unfolded around the time of Knauf's meeting with the authors.
With the allegations about Finding Freedom put aside, the case naturally shifts away from Meghan's time at Kensington Palace, making such discovery requests less relevant.
Samantha's case may not be over, but it appears to be in the last chance saloon after the judge ruled: "[Samantha Markle] will be allowed one final opportunity to replead her claims related to [Meghan Markle] CBS interview and her claim for injurious falsehood."
Needless to say, the case continues a little over a year after Meghan's lawyer, Michael Kump, vowed to give it "the minimum attention necessary, which is all it deserves."
Jack Royston is chief royal correspondent for Newsweek, based in London. You can find him on Twitter at @jack_royston and read his stories on Newsweek's The Royals Facebook page.
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About the writer
Jack Royston is Newsweek's Chief Royal Correspondent based in London, U.K. He reports on the British royal family—including King Charles ... Read more